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HomeMy WebLinkAboutNS-2171 - Amending Various Sections in Chapter 18 of the Santa Ana Municipal Code to Update Health and Sanitation Regulations Enforced in the City of Santa Ana by County Health Officer to Conform to Standard County Regulations337 ORDINANCE NO. NS- 2171 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING VARIOUS SECTIONS IN CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE TO UPDATE HEALTH AND SANITATION REGULATIONS ENFORCED IN THE CITY OF SANTA ANA BY THE COUNTY HEALTH OFFICER TO CONFORM TO STANDARD COUNTY REGULATIONS THE CITY COUNCIL OF THE FOLLOWS: CITY OF SANTA ANA DOES ORDAIN AS Ana Municipal Ana Municipal SECTION 1: That section 18-402 of the Santa Code is hereby repealed. SECTION 2: That section 18-405 of the Santa Code is hereby amended to read as follows: Sec. 18-405. Maintenance of pigments, dyes, and equipment. No pigments, dyes, or equipment shall be retained available for use in tattooing operations unless cleaned and sterilized as provided in this section. For purposes of this section, equipment shall include needles, needle tubes, towels, blade holders, wiping cloths, paper towels and napkins, charcoal, gauze bandages (unless purchased in individual sterile packages), and all similar items. (a) Ail equipment shall be thoroughly cleaned before being sterilized. Instruments shall be cleaned with soap or detergent by use of a brush. The interior of needle barrels shall be brushed, After cleaning, equipment shall be thoroughly rinsed under running fresh tap water. (b) Ail equipment shall be sterilized by autoclaving. Each piece of equipment shall be individually wrapped with paper in an approved method for autoclaving. Metal foil may not be used. Tattooing needles shall be threaded through the metal tube that attaches to the tattooing vibrator and shall be placed in a glass (or autoclavable plastic test tube) with a cotton plug for autoclaving. Wiping tissues shall be sterilized in a single pack to be used for one tattoo only and then be discarded. Ail packs shall be marked with temperature recording tape or labels. (c) Dyes or inks shall be used from containers sterilized in an autoclave after first being filled with the dye. Dye shall be kept in a sterile condition and the dye bottles filled with dye shall be autoclaved at least once a week ORD=NA=C , NS-2171 Page 2 9 or more often if necessary to keep the dye in a sterile condition. The dyes may be placed in teflon squeeze bottles that will withstand autoclaving. (d) Steam sterilization of the above listed equipment shall be accomplished in an autoclave with at least fifteen (15) pounds pressure per square inch (two hundred fifty-one (251) degrees Fahrenheit) for at least fifteen (15) minutes. Other means of sterilization may be approved by the health officer. (e) All sterilized dyes, pigments and equipment shall be stored in a manner which will insure sterility at the time of use. (f) Proprietors shall maintain sufficient sterilized equipment available at the beginning of each workday to allow completion of such workday without requiring resterilization of such equipment. SECTION 3: That the section located between sections 18-405 and 18-407, which is incorrectly designated as 14-406, is re- designated as 18-406. SECTION 4: That section 18-408 of the Code is hereby amended to read as follows: Sec. 18-408. Same--Potential health risks. Santa Ana Municipal The establishment owner shall provide written information, as required by the health officer, about blood-borne diseases and their transmission to all tattoo operators and maintain records to verify operator receipt of this information. The tattoo operator shall inform the customer of any potential health risks involved whenever the skin is violated, as required by the health officer. SECTION 5: That section 18-412 of the Santa Ana Municipal Code is hereby amended to read as follows: seo. 18-412. Same--Cleanliness of operator. No operator shall perform a tattooing operation with unclean hands. For purposes of this paragraph hands shall not be considered clean unless they have been thoroughly washed with soap from a single service dispenser and warm water, vigorously rubbing all surfaces of lathered hands for at least 10 seconds, followed by thorough rinsing under a stream of water. Hands shall be dried using single service towels from a dispenser or hot air blower. If a liquid soap is used, the dispenser shall be cleaned and filled with fresh soap only when empty. 2 Tattoo operators shall wear protective gloves while handling needles or blades or doing any procedure that may cause bleeding. Gloves shall be discarded between each customer. SECTION 6:. That secti6n 18-420 of the Santa Ana Municipal Code is hereby amended to read as follows: Seo. ~8-420. Penalties. Each of the following acts or omissions shall constitute an infraction and upon conviction thereof shall be punishable by a fine not to exceed one thousand dollars ($1000.00): (a) Any performance of a tattooing operation by an operator in violation of any requirement or prohibition imposed by this article. (b) Any failure by a proprietor to maintain a tattooing establishment in conformity with the requirements of this article. For purposes of this subparagraph (b), each day upon which such a failure to conform occurs shall constitute a separate violation. SECTION 7: That section 18-501 of the Santa Ana Municipal Code is hereby amended to read as follows: seo. ~8-50~. Definitions. The following terms used in this article shall have the meanings indicated below; provided, however, said definitions shall also include any amendments or changes made to referenced sections of the California Health and Safety Code: (a) Certified farmers' market shall be as defined in section 27512 of the California Health and Safety Code. (b) Commissary shall be as defined in section 27513 of the California Health and Safety Code. (c) Food establishment shall be as defined in section 27520 of the California Health and Safety Code. (d) (e) Food facility shall be as defined in section 27521 of the California Health and Safety Code. Food processing establishment shall be as defined in Section 28280.1 of the California Health and Safety Code. (f) Health department or department shall mean the Orange ORDINANCE NS-2171 Page 4 County Health Care Agency. (g) Health officer shall mean the county health officer or his or her deputy. (h) Inspector shall mean an environmental health specialist, as defined in Health and Safety Code section 517, employed by the health department, or the health officer or any deputy health officer authorized to inspect premises or equipment for the enforcement of this article. (i) Mobile food preparation unit shall be as defined in section 27526 of the California Health and Safety Code. (j) Open-air barbecue facility shall be as defined in section 27528.5 of the California Health and Safety Code. (k) Person shall be as defined in section 27530 of the California Health and Safety Code. (1) Premises shall include land, buildings, vehicles and ships and other vessels wherein food is handled, stored, distributed, prepared, processed, served or sold, and also equipment installed or used in food establishments or on such premises. (m) Produce stand shall be as defined in section 27533 of the California Health and Safety Code. (n) Restricted food service transient occupancy establishment shall be as defined in section 27535.5 of the California Health and Safety Code. (o) Satellite food distribution facility shall be as defined in section 27536.5 of the California Health and Safety Code. (p) Temporary food facility shall be as defined in section 27538 of the California Health and Safety Code. (q) Vehicle shall be as defined in section 27540 of the California Health and Safety Code. (r) Vending machine shall be as defined in section 27541 of the California Health and Safety Code. (s) Vending machine business shall mean the business of selling food or beverages by means of vending machines, regardless of the number of locations at which the vending machines are located. 4 343 ORDINANCE NS-2171 Page 5 SECTION 8: That section 18-502 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 18-502. Permit required; conditions and terms. (a) It shall be unlawful for any person to operate any food facility, vending machine business, food processing establishment, or any other food handling business governed by this article, without first applying for and receiving a food vending permit issued by the health department under the provisions of this article. (b) Every applicant for a food vending permit shall file with the health department a written application which shall state the name and address of the applicant, the character and location of the activity for which a permit is required under this article and such other information as the health department may require. Applicants for a permit to operate a mobile food preparation unit shall, in addition, provide a list of three (3) service stops which shall include the address or exact location and time of each stop. (c) A permit may be issued when investigation has determined that the proposed facility and its method of operation will conform to all applicable laws and regulations. A permit, once issued, is nontransferable. A permit shall be valid only for the person, location, type of food sales, or distribution activity approved and, unless suspended or revoked, for the time period indicated. (d) Any permit may be suspended or revoked for a violation of any applicable provisions of law or regulation. Any food facility, vending machine business, food processing establishment, or any other food handling business governed by this article, for which the permit has been suspended or revoked shall close and remain closed until the permit has been reinstated or until a new permit has been issued. (e) Permits may be granted at any time during the year. A permit shall be posted in a conspicuous place on the premises or vehicle for which it is issued. 345 SECTION 9: That section 18-503 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 18-503. Construction, conversion and alteration. Any person proposing to build or remodel a food facility, vending machine business, food processing establishment, or other food handling business governed by this article, shall submit three (3) copies of the complete plans and specifications to the department for review and approval pursuant to the applicable requirements of the California Health and Safety Code. The health 0RD A CE S-2171 Page 6 347 officer may thereafter issue a certificate stating what modifications, if any, are required for compliance with applicable laws and ordinances. ~: That sections 18-504 and 18-505 of the Santa Ana Municipal Code are hereby repealed. SECTION 11: That section 18-506 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 18-506. Suspension and revocation of permits. A permit issued under this article may be suspended or revoked under the procedure set forth in this article for any of the following reasons: (a) Violation of state law, (b) Violation of this article, (c) Violation of the rules and regulations adopted pursuant to this article; or (d) Upon recommendation by the health officer. SECTION 12: That section 18-507 of the Santa Ana Municipal Code is hereby amended to read as follows: sec. 18-507. Notice of violation. When any of the aforesaid laws, this article, or rules and regulations have been violated, an inspector may serve written notice thereof entitled "Notice of Violation", specifying: (a) The acts or omissions with which the permittee is charged, (b) The provision or provisions violated thereby, (c) (d) (e) The corrective steps required, The date by which all such corrections must be completed, allowing a reasonable period therefor, That the permittee has a right to a hearing, upon written request or that a mandatory hearing has been scheduled, and (f) That if no hearing is requested or that the permittee fails to appear at the scheduled hearing, and if the 6 Page 7 health department does not receive notice that all such corrections have been made before 9:00 a.m. of the date named under (d) above, the permit will be subject to suspension or revocation from that time until such violations have been corrected. SECTION 13: That section 18-508 of the Santa Ana Municipal Code is hereby amended to read as follows: sec. 18-508. Hearing. The permit holder shall have the right to a hearing, if requested, on all violations listed in the notice. A written request for a hearing shall be made by the permittee within fifteen (15) calendar days after receipt of the notice. A failure to request a hearing within fifteen (15) calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the hearing officer may order a hearing at any reasonable time within this fifteen (15) day period to expedite the permit suspension or revocation process. The hearing shall be held by the health officer or his duly authorized representative who is a qualified environmental health specialist as defined in Section 517 of the Health and Safety Code and registered as provided in Section 529 thereof, but shall not be the inspector who reported the violations or who inspected any corrective measures taken. The hearing shall be held within fifteen (15) calendar days of the receipt of a request for a hearing. Upon written request of the permittee, the hearing officer may postpone any hearing date, if circumstances warrant such action. At the conclusion of the hearing, the hearing officer shall issue a written notice of decision to the permittee within five (5) working days following the hearing. In the event of a suspension or revocation, the notice shall specify the acts or omissions with which the permittee is charged, and shall state the terms of the suspension, or that the permit has been revoked. The health officer may, after providing opportunity for a hearing, modify, suspend, or revoke a permit for serious or repeated violations of any of the requirements of the applicable laws, rules and regulations. SECTION 14: That section 18-510 of the Santa Ana Municipal Code is hereby amended to read as follows: 7 ORDINANCE NS-2171 351 seo. 18-510. summary suspension. (a) If any immediate danger to the public health or safety is found, unless the danger is immediately corrected, an inspector may temporarily suspend the permit and order the premises immediately closed. "Immediate danger to the public health and safety" means any condition, based upon inspection findings or other evidence, that can cause food infection, food intoxication, disease transmission, or hazardous condition, including but not limited to, unsafe food temperature, sewage contamination, nonpotable water supply, or an employee who is a carrier of a communicable disease. (b) Whenever a permit is suspended as the result of an immediate danger to the public health or safety, the inspector shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged, specifying the pertinent code section, and informing the permittee of the right to a hearing. (c) At any time within fifteen (15) calendar days after service of a notice pursuant to subsection (b), the permittee may request in writing a hearing before a hearing officer to show cause why the permit suspension is not warranted. The hearing shall be held with fifteen (15) calendar days of the receipt of a request for a hearing. A failure to request a hearing within fifteen (15) calendar days shall be deemed a waiver of the right to such hearing. SECTION 15: That section 18-511 of the Santa Ana Municipal Code is hereby amended to read as follows: 18-511. Supervision of closing down premises. When any permit is first suspended hereunder, or when premises governed hereby shall have been closed for business and left in an unsanitary condition, the health department shall have the power to enter to insure that the premises are closed down in a manner which will not endanger public health. If the permittee or his employee in charge cannot be found, or is unwilling or unable to remedy the condition of the premises, the owner of the premises shall be notified of the unsanitary conditions and shall be required to take such remedial action as may be necessary to obviate such condition. SECTION 16: That section 18-512 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 18-512. Rules and regulations. The health officer may adopt and enforce rules and regulations necessary to administer this article, including, but not limited 8 to, regulations pertaining to: (a) Forms for applications, permits and notices, (b) Forms and procedures for hearings upon the granting, denying, suspending, revoking or reinstating of permits, (c) Inspection of premises and reporting thereon. SECTION 17: That section 18-513 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 18-513. Penalty. Any person violating any of shall be guilty of a misdemeanor. the provisions of this article Code SECTION 18: That section 18-514 of the Santa Ana Municipal is hereby amended to read as follows: 18-514. Mobile food preparation units generally. In addition to all other applicable provisions of the Health and Safety Code and of this article, mobile food preparation vehicles shall comply with the following requirements: (a) Compressors, auxiliary engines, generators, batteries, battery chargers, gas-fueled water heaters, and similar equipment shall be installed so as to be accessible only from the outside of the unit. (b) Ail equipment installed in any part of the unit shall be secured so as to prevent movement during transit and to prevent detachment in the event of a collision or overturn. (¢) Ail equipment installed within the interior of the unit, including the interiors of cabinets or compartments, shall be constructed so as to be free of sharp or jagged edges. (d) All utensils shall be stored so as to prevent their being hurled about in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives in cabinets, boxes, or slots along counter aisles. Knife holders shall be designed to be easily cleaned and be manufactured of materials approved by the health officer. (e) Ceiling light fixtures shall be recessed or flush-mounted 9 ORDINANCE NS-2171 355 Page 10 and sealed and shall be equipped with safety covers approved by the health officer. The minimum clearance from the floor to the light fixture shall be at least 188 cm (76 inches) or the fixture shall be installed out of the traffic aisle or work area. (f) High voltage (110-120 v) electrical wiring shall be properly installed in electrical conduit with all splices or connections being made within junction, outlet, or switch as to prevent the use of extension cords exceeding 183 cm (6 feet). Outside electrical connection receptacles shall be of weatherproof design with cover. (g) Attached, firmly anchored seats with backrests, equipped with seat belts, shall be provided for all occupants. If a jump scat in the aisleway is utilized, it shall fold in a manner that will clear the aisleway when not in use and be held with a self-latching mechanism. Seats and backrests shall be at least 35.5 cm X 35.5 cm (14 inches X 14 inches) in size. All occupants shall be seated, shall wear seat belts and shall not cook or prepare food while the vehicle is in motion. Signs setting forth the latter three (3) requirements shall be posted in both English and Spanish. (h) A first aid kit approved by the health officer shall be provided and located in a convenient area in an enclosed case. (i) Ail pressure cylinders shall be securely fastened to a rigid structure of the unit. All liquefied petroleum gas (LPG) equipment shall be installed as follows: (1) The LP-gas tanks and relief valves shall be ASME-approved for intended use. (2) (3) (4) Tanks shall be securely fastened and located where they will normally not be subject to damage. They may be in a body compartment or underneath the body. The tank or fittings must not protrude beyond the body. Tanks and regulators shall be separated from any open flame by a vapor-tight partition. When tanks are installed in a body compartment, the partitions shall be scaled off from the rest of the body with no openings to the interior except for the tubing. The following additional requirements shall be met: a. Ail tank valves and fittings shall be readily 10 O DINA CE S-2171 Page 11 357 accessible from outside the vehicle. The tank safety relief valve shall be vented to the outside and directed downward. The filling shall be done through an outside door to the compartment. The compartment shall be vented to the exterior of the vehicle so as to prevent accumulation of gas. (5) (6) (7) (8) Tubing that passes through partitions shall be protected by grommets made of rubber or other approved materials. Tubing exposed to friction shall be protected against chafing. Expansion and contraction bends shall be made in the tubing between the tank and the appliance. ASME-approved LP-gas tubing or standard weight pipe shall be used throughout. (9) Protective "thread" caps shall be installed on fill-line check valves. (10) Every appliance fueled by LP-gas shall be equipped with a pilot light attachment and provided with an ASME-approved device which will automatically shut off all gas to the appliance if the pilot light should be extinguished. (J) A minimum five (5) B.C.-rated portable fire extinguisher (UL or state fire marshal-approved design) shall be installed in plain sight and within easy reach, immediately inside the front driver's door. The extinguisher shall be replaced or recharged after each use. SECTION 19: That section 18-515 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 18-515. Additional requirements for mobile food preparation units operating in multi-locations in any 4ay. In addition to the requirements specified in section 18-514 above, mobile food preparation units, which operate at more than one location in any calendar day, shall comply with the following additional requirements: 11 ORDINANCE NS-2171 Page 12 ~59 (a) (b) (c) (d) Coffee urns shall be installed in a compartment that will prevent excessive spillage of coffee in the interior of the vehicle in the event of a sudden stop, collision, or overturn, or, as an alternative to this requirement, coffee urns shall be equipped with positive closing lids as well as perforated metal protective sleeves on the glass liquid level sight gauges. Deep fat' fryers are prohibited, unless equipped with positive closing lids to contain the fat and to prevent splashing or excessive spillage in transit or in the event of a sudden stop, collision or overturn of the unit. Such lids shall be designed and constructed so as to prevent pressure buildup which could result in an explosion. All lids shall be kept positively closed while the vehicle is in motion. Signs setting forth the latter requirement shall be posted in both English and Spanish. Water bath or steam hot food insert warming tables shall be provided with baffles to prevent surging in transit. All such tables, as well as dry heat units, their insert food containers and similar equipment that contains hot liquids or hot foods shall have positive closing lids to contain all such liquids or foods and to prevent splashing or spillage in transit or in the event of a sudden stop, collision, or overturn of the unit. Such lids shall be designed and constructed so as to prevent pressure buildup which could result in an explosion. All lids shall be positively closed while the vehicle is in motion. Signs setting forth the latter requirement shall be posted in both English and Spanish. An alternate means of exit in the side opposite the main exit door, or the roof, or the rear of the vehicle, with unobstructed passage of 61 cm X 92 cm (24 inches X 36 inches) minimum to the outside, shall be provided. The interior latching mechanism shall be operable by hand without special tools or key. The exit shall be labeled "Safety Exit" in contrasting colors with at least 2.54 cm (1 inch) high letters. SECTION 20: That section 18-516 of the Santa Ana Municipal Code is hereby amended to read as follows: 8eo. 18-516. Health services fees. The County may adopt health service fees to be paid by the proprietor or operator of any food handling business. Such fees are to be paid directly to the health officer and retained by the County as reimbursement for services related to this article. 12 Page 13 ~: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The city Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ~: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 3rd day of Auqust 1992. ATTEST: Mayor COUNCILMEMBERS: Young Aye Pulido Aye Acosta Aye Griset Absent McGuigan Aye Norton Ay~ Richardson Aye APPROVED AS TO FORM: city Attorney 13 362 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance /%/~-~/7/ to be the original ordinance adopted by the city Council of the city of Santa Ana on ~- ~- ~_ ; and that said ordinance was published in accordance with the Charter of the.C~ty of Santa Ana. e Coun~lI Date city of Santa Ana